Client stopped for speeding and officer observed odor of alcohol and red blood shot eyes. Client admitted to drinking earlier. Client agreed to perform police balance tests and was arrested. Client declined breath test. At trial, Attorney Segura got officer to acknowledge that balance tests are not fair to people who are significantly overweight. Segura argued that since client was more than 60 pounds overweight, tests results could not be used to assess possible intoxication. Jury agreed and Client was found Not Guilty.
State v. R. L. S.